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6066ORDINANCE NO. 6066 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.396 TO, AND REPEALING SUBSECTION .060 OF SECTION 1.04.450 OF, CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REMOVAL OF BOARD AND COMMISSION MEMBERS DUE TO EXCESSIVE ABSENCES FROM MEETINGS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Section 1.04.396 be, and the same is hereby, added to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read as follows: "1.04.396 REMOVAL OF BOARD AND COMMISSION MEMBERS DUE TO EXCESSIVE ABSENCES FROM MEETINGS. .010 If a member of any City board or commission shall be absent without cause from three (3) or more consecutive meetings of the board or commission on which such member serves, or shall be absent without cause from five (5) or more meetings within any twelve (12) month period, the secretary or staff liaison to such board or commission shall immediately file a written report thereof with the City Clerk who shall schedule consideration of the possible removal of such member as an agenda item at the next regular meeting of the City Council thereafter. Such board or commission member shall be subject to removal by the affirmative votes of a majority of the total membership of the City Council. .020 An absence shall be considered an absence for cause if either (1) the member informs the chairperson or the City staff liaison of such City board or commission of such member's intended absence at least 24 hours prior to the scheduled time of the meeting, or (2) such absence is due to unforeseeable and unavoidable circumstances which circumstances are orally reported and explained by the member at the next regular meeting of the board or commission following such absence, or which are reported and explained in writing to the secretary and staff liaison of the board or commission prior to the next regular meeting of the board or commission. .030 Nothing contained in this section shall be deemed to limit the power of the City Council to remove any member of any City board or commission at any time, with or without cause. .040 For purposes of this section, the term 'City board or commission' shall mean and include any board or commission of the City of Anaheim whose members are appointed by the City Council as specified in Article IX of the City Charter or as otherwise created by formal action of the City Council, including the members of any board created by a joint exercise of powers agreement to which the City is a party and pursuant to which the City Council has the power to appoint at least a majority of the board members. .050 For purposes of this section, the term `meeting' shall mean and include any regular, adjourned or special meeting of the City board or commission to which the provisions of this section are being applied. repealed. SECTION 2. That subsection .060 of Section 1.04.450 be, and the same is hereby, SECTION 3. CONFLICTING PROVISIONS. In the event any provision of this ordinance hereby adopted conflicts with any provision of any other ordinance or resolution heretofore adopted by the City Council, the provision of this ordinance shall be deemed to prevail. SECTION 4 SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, clause, phrase or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the3lstday of July , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of August , 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY LERK OF THE C6rANAHEIM 66180.2 01) CITY ANAHEIM By MAYOR OF THE CITY qf ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 16, 2007 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: August 16, 2007 ,3ir,itaru. � Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6066 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW B;_CTION 1.04.396 TO, AND REPEALING SUBSECTION .060 OF SECTION 1.04.450 OF, CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RE- MOVAL OF BOARD AND COMMISSION MEMBERS DUE TO EXCESSIVE ABSENCES FROM MEETINGS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Section 1.04.396 be, and the same is hereby, add- ed to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read as follows: 1.04.396 REMOVAL OF BOARD AND COMMISSION MEM- BERS DUE TO EXCESSIVE ABSENCES FROM MEETINGS. .0101f a member of any City board or commission shall be absent without cause from three (3) or more consecutive meetings of the board or commission on which such mem- ber serves, or shall be absent without cause from five (5) or more meetings within any twelve (12) month period, the sec- retary or staff liaison to such board or commission shall im- mediately file a written report thereof with the City Clerk who shall schedule consideration of the possible removal of such member as an agenda item at the next regular meet- ing of the City Council thereafter. Such board or commis- sion member shall be subject to removal by the affirmative votes of a majority of the total membership of the City Coun- cil. .020 An absence shall be considered an absence for cause if either (1) the member informs the chairperson or the City staff liaison of such City board or commission of such member's intended absence at least 24 hours prior to the scheduled time of the meeting, or (2) such absence is due to unforeseeable and unavoidable circumstances which circumstances are orally reported and explained by the member at the next regular meeting of the board or commission following such absence, or which are reported and explained in writing to the secretary and staff liaison of the board or commission prior to the next regular meeting of the board or commission. 030 Nothing contained in this section shall be deemed to limit the power of the City Council to remove anyy member of any City board or commission at any time, wtth or without cause. .040 For purposes of this section, the term 'City board or' commission' shall mean and include any board or commis- sion of the City of Anaheim whose members are appointed by the City Council as specified in Article IX of the City Char- ter or as otherwise created by formal action of the City Cancil, including the members of any board created by a joint exercise of powers agreement to which the City is a parry and pursuant to which the City Council has the power to appoint at least a majority of the board members. .050 For purposes of this section, the term 'meeting shall mean and include any regular, adjourned or special meet - in? of the City board or commission to which the provisions' of this section are being applied. SECTION 2 That subsection .060 of Section 1.04.450 be, and the same is hereby, repealed. SECTION 3. CONFLICTING PROVISIONS. In the event any provision of this ordinance hereby adopted conflicts with any provision of any other ordinance or reso- lution heretofore adopted by the City Council, the provision of this ordinance shall be deemed to prevail. SECTION 4 SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, clause, phrase or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the iI of the Council that it would have passed all other por- tions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 31st day of July , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of August, 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, K ling NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By /a/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: is/ Linda Nguyen CITY CLERK OF THE CITY OF ANAHEIM ^' aLISH: AnehAI- R'dlntin 25.56716433778